BCC MEETING MINUTES

A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 22, 1992

The Lake County Board of County Commissioners met in regular session on Tuesday, September 22, 1992 at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Michael J. Bakich, Chairman; Don Bailey; C. W. "Chick" Gregg; Richard Swartz; and Catherine Hanson. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Barbara Lehman, Deputy Clerk in charge of County Finance and Internal Audits; and Toni M. Riggs, Deputy Clerk.

Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Bailey.

MINUTES

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of August 25, 1992, Regular Meeting, as presented.

Discussion occurred regarding the Minutes of September 1, 1992, Regular Meeting, with Ms. Annette Star Lustgarten, County Attorney, presenting the following amendments:

Page 9, Line 1 - Insert: the recommendations of the Advisory Committee, for acquisition of environmental sensitive lands, as stated in the backup material.

Page 8, Line 5 - Change "Minor Lot Split" to "Site Plan Approval".

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the Minutes of September 1, 1992, Regular Meeting.

CONSTITUTIONAL OFFICERS

CLERK OF COURTS CONSENT AGENDA

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the following requests:

Accounts Allowed

Request for payment of Warrant #156632 through Warrant #157194, for the following accounts:

County Transportation Trust Landfills

Fire Districts General Revenue

Road Impact Northeast Ambulance

Private Industry Council Emergency 911 Fund

Capital Outlay Mosquito Control

Commissary Trust Fund Section 8

Animal Shelter Trust Fund Revenue Sharing

Aquatic Weed Sales Tax Capital Projects

Resort & Development Fund Tax

Bonds - Contractor

New

4403-92 Robert S. Bell (Roofing)

5147-92 Kenneth Brophey (Masonry)

5149-92 Vinson Roofing Inc. (Martin) (Roofing)

1454-93 Thomas L. Welton d/b/a Welton Electric

1776-93 David Van Hoose d/b/a Mike Van Hoose (Residential Bldg.)

1942-93 Conrad G. Collins (Building Contractor)

4515-93 Gary L. Kosmos (Electrical)

4706-93 Bowman Electric, Inc. (Electrical) (*has two qualifiers

for company)

4711-93 Imperial Pools By Gilbert, Inc. (Swimming Pools)

4839-93 Bowman Electric, Inc. (Electrical) (*has two qualifiers

for company)

5146-93 Bottoms Up Boat Lifts, Inc.

5148-93 Gregory R. Dowers (Building Contractor)

Amendments

4914-92 Joe Guy d/b/a Guy's Roofing of Lake County, Inc.

Cancellations

3000-92 Harry A. Ferran d/b/a Ferran Engineering Group

(Electrical)

4122-92 Ronald R. Hart, Sr.

4779-92 Timothy I. Morgan Southeast Electric

5001-92 John B. Winfrey

5067-92 Donald Bailey d/b/a Hi-Tech Construction, Inc.

(Electrical)

5071-92 Edward Mitchell & Giavanni Meshino d/b/a Artic Air

Heating & Colling (Contractor)

Courts-Judges

Request for approval and signature authorization on the Satisfaction of Judgment, Case No. 89-1351-CF, State of Florida vs. James Allen Stoffel, in the amount of $250.00.

Accounts Allowed/Assessments/Subdivisions

Request for approval and signature authorization on the following Satisfaction of Assessment liens:

Mt. Plymouth Subdivision

Marcy A. Harrell $598.97

Marcy A. Harrell 962.53

Ralph R. Mackenzie 599.58

La Place Court

Ivan W. & Joan Shaver $3,395.70

Wayne Road

Dorothy G. Jewart $ 948.75

Ernest & Lois Fedor 948.75

Raymond E. Leighton 1,608.75

Russell G. & Stella Stomper 948.75

Hilltop Subdivision

Nancy Bryant $841.96

Imperial Mobile Terrace, First Addition

Earl & Linda Ammerman $211.91

Accounts Allowed/Reports

Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, Month ending August 31, 1992, in the amount of $109,261.47. (Same period last year: $177,921.19)

PUBLIC HEARINGS/TIMES CERTAIN

ROAD CLOSINGS

PETITION NO. 689 - Angelo J. Adriano, Jr. - Sorrento Area

Mr. Jim Stivender, Executive Director of Public Works, appeared before the Board to discuss the request. He stated that this case was before the Board on August 25, 1992, and postponed until an agreement could be reached between all parties. Mr. Stivender stated that the issues have not been resolved. He directed the Board's attention to the location of the well owned by Mr. Angelo Adriano, Jr., and stated that, if the Board closed the road, the well would become a part of the north lot, which would prohibit him from his own well. Discussion has occurred regarding the swapping of a triangular piece of property, and rearranging the lot lines, to allow access to the well. Mr. Stivender stated that a continuance has been requested by the petitioner, and that he recommends 90 days, or for the Board to deny the request without prejudice. Mr. Stivender stated that the property owners to the north are in Ohio at this time.

No one present wished to speak in opposition to the request.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board postponed Vacation Petition No. 689,by Angelo J. Adriano, Jr., to vacate road, Sorrento area, District 4, as advertised, for 90 days, until December 22, 1992.

PETITION NO. 690 - Rodney Adams - Lake Jem Area

Mr. Jim Stivender, Executive Director of Public Works, appeared before the Board to discuss the request. He stated that the plat evolves in both Orange County and Lake County. Mr. Stivender stated that there are several letters in the file stating opposition to the request primarily because, on the north side of this closing, is C-448, which is a County maintained secondary road, and one of the primary accesses into/out of Orange County and Lake County. The only other access is Grove Street, due to the reason for recommending approval of the request; however, geographically there are problems involving legal access. Mr. Stivender stated that there are several surveys that contradict one another.

Mrs. Dorothy Shipes, Trustee of two of the adjoining parcels, and owner of connecting property, appeared before the Board in opposition to the request. Mrs. Shipes stated that she received a copy of the letter from He Ha Investments expressing a concern that the access will be blocked, and problems with the property, if it is divided in the future.

Mr. Steve Adams, representing his father, appeared before the Board to discuss the request. He presented the Board with an aerial for review, and approached the Board to discuss such. At this time, discussion occurred regarding the fence that has been placed on the property by the Shipes, and the request being made by Mr. Adams, so that his father can turn his farm equipment around. Mr. Adams stated that, if the Board makes the decision not to close the road, he would request that all obstructions are removed from the roadway.

Mrs. Shipes questioned whether the Board would consider paving the road, if she gave 15 feet on the other side, in order to make a thirty (30) foot right-of-way, with Commr. Swartz stating that possibly Orange County would be willing to share in the expense. Mrs. Shipes stated that she also has no problem in removing the structures in the right-of-way.

Commr. Swartz made a motion, which was seconded by Commr. Bailey, to postpone Vacation Petition No. 690, by Rodney Adams, to vacate road, Lake Jem area, District 3, for 60 days, until November 24, 1992, to allow the applicant and adjacent landowners time to work out a settlement for opening the road, and eliminating the obstructions, or preparing additional right-of-way.

Mr. Stivender suggested that the motion include that the Public Works Department meet with the petitioner and adjacent property owners.

The Chairman called for a vote on the motion, which included Mr. Stivender's request, with the motion being carried unanimously.

PETITION NO. 691 - David Knowles - Leesburg Area

Mr. Jim Stivender, Executive Director of Public Works, appeared before the Board to discuss the request. He presented a letter, for the record, from Don M. and Terri L. Folker, owners of Lot 12, who are opposing the request, due to Lot 13 being a part of the environmental wetland area.

Mr. Steve Richey, Attorney representing the applicant, appeared before the Board to discuss the request. At this time, Mr. Richey approached the overhead diagram indicating the site, to discuss the plan to relocate Lot 13, in order not to disturb Lot 12, which is an environmental area and entirely swamp. Mr. Richey stated that there is a boat ramp on Lot 12 that is utilized by the subdivision. He further stated that the applicant has a request coming before the Board of Adjustment on Thursday to place three lots on Track B, and to serve those lots with an impervious surface mulch road, which will stabilize and improve the environmental situation. He stated that Mr. Steve Adams, Land Planning Group, was present to answer questions regarding the environmental nature of this area. At this time, Mr. Richey explained where the proposed road would be located.

Ms. Mary Hadden appeared before the Board and stated that she is representing Malcolm Smith (lot 11); the Feltons (lot 4 & 5); the Meyers (lot 10); the Jones (lot 8); Sheila Blue (lot 32); the

Caruthers (lot 33); the Folkers (lot 35); and the Chorpenings (lot 36). Ms. Haden stated that they were all in opposition to the road closing, and could find no reason for the closing. She further stated that they have submitted a packet to the Board of Appeals for the variance, and submitted to the Board pictures for review. (Pictures were returned to Ms. Haden.) Ms. Haden stated that, if the Board approves the request, she wanted them to go through all of the necessary permitting. She continued to discuss her concern with the traffic pattern for the three residences being proposed. It was noted that Lot 12 is a common use lot. Ms. Haden explained that Frog Log Lane was dry area, with the land sloping and becoming swamp.

Mr. Stubbs stated that he has been on the site, and that there is high and dry land, and the applicant will have to obtain the necessary permitting. He explained that the request is for a large lot split to create three lots in the southern area, and for a stabilized surface roadway.

Commr. Gregg explained the area that is being discussed, so that the Board members would have a more clear definition of the land.

Ms. Haden stated that the homeowners that would be building in this area would have only one entrance in and out of the property, and that the road would need major work.

Mr. Steve Adams, Land Planning Group, appeared before the Board and discussed the condition of the land and the alternatives for road access and right-of-way.

Mr. Richey stated that the applicant already has platted land to the property, and the request today is allowing the applicant to go to the most uplands part of Lot 13. The relocating will make it better from an environmental point of view. At this time, he discussed the road access that will be proposed.

Commr. Gregg made a motion, which was seconded by Commr. Hanson, to approve Vacation Petition No. 691, by David Knowles, to vacate lot, Leesburg area, District 1, as advertised.

Under discussion, Commr. Swartz stated his concern with the Board taking action, which will be followed by action taken by the Board of Adjustment. He suggested letting the Board of Adjustment make its ruling on the variance first, and requested that the Board postpone action, until the Board has the ruling from the Board of Adjustment. It was noted that the variance would be heard by the Board of Adjustment on Thursday.

After some discussion, Commr. Gregg stated that his motion stands, and called for a vote on the motion.

The Chairman called for the vote, with the motion being carried by a 4-1 vote. Commr. Swartz voted "no".

PETITION NO. 692 - Leesburg Area - Lennart Ryttse

Mr. Jim Stivender, Executive Director of Public Works, appeared before the Board to discuss the request. At this time, Mr. Stivender presented the history of the rights-of-way involved with the request, and stated that he consulted with the elementary school to determine whether it had plans for the rights-of-way in the future. Mr. Stivender stated that staff could see no major need for the access, because of the access to the south.

It was noted that the applicant was present in the audience, and no one present wished to speak in opposition to the request.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved Vacation Petition No. 692, by Lennart Ryttse, to vacate street, Leesburg area, District 5, as advertised.

REZONING

Mr. Greg Stubbs, Director of the Division of Current Planning, addressed the Board and stated that he had two amendments to the rezoning agenda. He stated that Case No. 51-92-2, Pine Island Lake Grove, has requested a 30 day postponement, and staff is requesting another six (6) month continuance and review on Case No. 175A-84-2,

Florida Mining and Materials, due to the petitioner not having continued operation of the business over the past six (6) months.

Commr. Swartz discussed giving those in the audience the opportunity to appear in opposition to Case No. 175A-84-2, Florida Mining and Materials, due to the petition being re-noticed and

re-posted.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board postponed Petition No. 51-92-2, Pine Island Lake Grove, for 30 days, until October 27, 1992.

The Deputy Clerk administered the oath to Mr. Greg Stubbs, Director of the Division of Current Planning; Mr. Don Griffey, Director of Engineering; and Mr. Jim Barker, Director of Pollution Control.

PETITION #175A-84-3 - Review of MP ORD#41-92

Florida Mining and Materials Concrete Corporation

Mr. Greg Stubbs, Director of the Division of Current Planning, discussed the action taken by the Board six (6) months ago regarding this case. He stated that the Board approved the following conditions, after addressing the problems: The concrete batch plant shall be in operation between the hours of 5:30 a.m. to 5:30 p.m., Monday through Friday, with delivery trucks prohibited on site until after 7:00 a.m. He stated that the applicant is currently operating under the conditions provided in the backup material.

It was clarified that the request being made, to postpone the review, was due to there being inadequate operation of the facility, in order for the residents to find out whether or not the changes in the conditions have helped with their concerns.

Mr. Steve Richey, attorney representing the applicant, appeared before the Board and stated that his client was not present today, because he was of the understanding that staff did not feel that the plant had been operating sufficiently to bring it before the Board for a hearing. He stated that, if the Board would like to proceed and continue the case for 30 days rather than for

six (6) months, he would be in agreement. At this time, he discussed the operating standards contained within the conditions.

Commr. Swartz stated that a time frame needed to be established, so that the public did not have to keep coming back to voice their concerns.

Mr. Richey stated that he could not guarantee a time frame for operation, with Commr. Swartz suggesting an alternative, as follows: the plant operate under the original conditions, until such time the plant can operate effectively, and it can be determined whether the changes worked.

Commr. Bailey stated that he has reviewed this case, and examined the site, and would not change the conditions before the Board today.

Ms. Annette Star Lustgarten, County Attorney, stated that the Board would not be making a decision on the case today, due to staff not providing sufficient information, because the plant has not been operating; therefore, the Board is actually just listening to the concerns of the neighbors.

Ms. Barbara Carter appeared before the Board, and the Deputy Clerk administered the oath. Ms. Carter stated that she had opposed the hours of operation, 5:30 a.m. to 5:30 p.m., at previous hearings, and that she is still opposing the 5:30 a.m. beginning hour of operation. She directed the Board's attention to Page 3, G.1. Operating Standards, in the conditions, and stated that the batch plant ran all day on Saturday, September 12, 1992, and that the applicant has never complied with the ordinance. Ms. Carter stated that the plant is noisy and that she is tired of it.

Discussion occurred regarding the complaints being logged with the Code Enforcement Department, with Mr. Richey stating that he contacted the department to see if there had been complaints filed, with there being none on record.

Mr. John Mahon appeared before the Board, and the Deputy Clerk administered the oath. Mr. Mahon stated that he is a new resident to the community and to the State of Florida. Mr. Mahon questioned

the reasons for extending working hours when the plant is only operating a limited time during the week. He stated that he lives

close to the plant, and that the plant was operating last Saturday, and that he did not realize that a complaint had to be logged, in order for it to be recognized. He further stated that he was concerned with the value of his property in the future. He was aware that there was light industrial in the area before he purchased his property.

Mr. Richey cross-examined Mr. Mahon by asking him if he was aware of other industrial uses in the area, with Mr. Mahon responding that he did not know of any, or their whereabouts.

Commr. Bailey questioned the hours of operation of the other industrial businesses in the area, and requested that Mr. Stubbs provide him with this information.

Discussion occurred regarding the hours of operation, and the location of light manufacturing in this area.

Mr. Richey stated that he would agree to wait on the information regarding the hours of operation of other businesses in this area.

Commr. Bailey suggested that the hours of operation be adjusted during the times that the plant is more operational, in order that the hours be more reasonable.

Mr. Richey stated that there might be a procedure that could be applied to the CUP that would allow the applicant to request reconsideration of the operation of the MP Ordinance based on certain circumstances.

Commr. Swartz suggested that, in an effort to deal with the concerned citizens, Mr. Richey's client be allowed to operate under the original conditions, which were approved on August 20, 1991, but keeping the limitation that no delivery, aggregate type trucks can go onto that site until after 7:00 a.m. If some time in the future it becomes clear that this issue needs to be considered once again, his client can make such application to the Board.

Commr. Swartz disclosed that he did receive a phone call from Ms. Barbara Carter out of concern for this issue coming up before the Board. He stated that the essence of the conversation was to

say that he would get a staff person back in touch with her, to provide her with information regarding the conditions established at the August meeting, and to inform her if this hearing was coming before the Board this date.

Mr. Richey requested that 7:30 a.m. be established for the aggregate, and 6:30 a.m. for operating.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the following: The concrete batch plant shall be in operation beginning at 6:30 a.m.; prohibit any of the delivery trucks on site until after 7:30 a.m.; re-enforce that Saturday and Sunday operations are prohibited; and incorporating these changes into the conditions presented to the Board on this date.

PETITION #45-92-4 A to R-8 Louise R. & Stanley Williams

Mr. Greg Stubbs, Director of the Division of Current Planning, presented the case to the Board.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to R-8 (Mixed Residential), to place a mobile home on the property, subject to a developer's agreement limiting the site to one mobile home.

PETITION CUP#92/8/1-4 CUP in R-1 Lykes Brothers Inc.

Mr. Greg Stubbs, Director of the Division of Current Planning, presented the request to the Board. He stated that the Board has before them backup material from Mr. Jim Barker, Director of Pollution Control. It was noted that the objections from Gunard C. Brautcheck, Sr., have been withdrawn.

Ms. Cecelia Bonifay, attorney representing the applicant, appeared before the Board to discuss the request. She stated that

approximately 70 acres of the 133 acre site will be put into operation as a fernery.

Ms. Bonifay stated that all of the environmental questions were answered to the satisfaction of the surrounding landowners,

with them withdrawing their objections. She stated that this is an urban expansion area, and is consistent with the Comprehensive Plan, which will allow up to six (6) units per acre based on the residential point criteria, and is a compatible use. The best management practices will be used, and permitting will be obtained from the St. Johns River Water Management District (SJRWMD). She then discussed the surrounding zoning, and stated that approximately 33 acres of wetlands forms a natural buffer around the majority of the site. Ms. Bonifay stated that there is no physical residential development adjacent to the site, even though the property is zoned R-1.

Discussion occurred regarding the setbacks, which are the same in A (Agricultural) and R-1 (Rural Residential), with Commr. Hanson stating a concern that the adjacent agricultural properties may be residential in the future.

No one present wished to speak in opposition to the request.

Commr. Hanson made a motion, which was seconded by Commr. Bailey, to uphold the recommendation of the Planning and Zoning Commission and approve the request for a CUP in R-1 (Rural Residential), for a nursery, greenhouse and related uses.

Mr. Jack Austin appeared before the Board, and the Deputy Clerk administered the oath. Mr. Austin stated that there is no structure on the property at the present time, but that it is possible ten percent of the property will have greenhouses. The Chairman called for a vote, with the motion being carried unanimously, as stated above.

PETITION #32B-87-4 Amendment to CP Ord. #119-88

Rennigers Florida Twin Markets Inc.

Mr. Greg Stubbs, Director of the Division of Current Planning, presented the case to the Board.

Ms. Cecelia Bonifay, attorney representing the applicant, appeared before the Board and requested that the following be added: the rezoning of the advertised tracts, which include two small parcels, and that the CP ordinance be amended.

It was noted that the property being discussed by Ms. Bonifay was included in the advertisement of this request.

Ms. Bonifay requested that the following be included in the ordinance:

A petition to rezone property to CP, amend the existing CP zoning designation, and approve the site plan.

To also include on the petition the rezoning of those properties, with this being inserted in all of the appropriate places to reflect the rezoning, the amendment, and the approval of the site plan.

Ms. Bonifay stated that, by approving the above, an ordinance would be created to consolidate all of the prior ordinances, and would provide a site plan that would reflect everything that exists and everything that is proposed.

Mr. Stubbs stated that, in addition to the requests from Ms. Bonifay, Mr. Don Griffey, Director of Engineering, has noted that additional right-of-way will be dedicated to provide 33 feet from the centerline of Pine Avenue where this property fronts along the road, which needs to be included in the motion to be made by the Board.

Commr. Swartz discussed the proposed accel and decel lanes, as presented on the site plan, and requested that staff consider the traffic configuration in this area, from a safety standpoint.

Mr. Stubbs stated that this request has to go through the Technical Review Committee (TRC) for site plan approval.

Mr. Griffey stated that the applicant would be subject to the County's Access Management Ordinance.

Ms. Bonifay stated that Mr. Doyle Carlton, who operates Renningers, is present in the audience, and that all indication has been made that construction is ready to begin, pending the approval of the Board.

COMMISSIONERS

At 10:58 a.m., Commr. Bakich turned the chairmanship over to Commr. Gregg, Vice-Chairman.

PETITION #32B-87-4 - Amendment to CP Ord. #119-88

Renningers Florida Twin Markets Inc. (CONT.)

No one present wished to speak in opposition to the request.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for an amendment to CP Ordinance #119-88, to add land to existing uses of an antique market, flea market, and produce market, including the rezoning from R-1-7 to CP expanding the CP zoning to the parcels, as presented by Ms. Bonifay, and with the site plan going through the TRC process. Included in the motion was the approval of the site plan dated July 7, 1992.

The motion carried with a 4-0 vote, with Commr. Bakich not being present for the vote.

PETITION #45A-88-4 RR & PFD to CFD First Baptist Church

of Eustis

Mr. Greg Stubbs, Director of the Division of Current Planning, presented the request to the Board. Mr. Stubbs stated that he is a member of the church, but that he has not been on the design committee prior to this hearing, and that he has reviewed this request in accordance with the regulations setforth.

It was noted that a representative for the applicant was present in the audience.

No one present wished to speak in opposition to the request.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the variance to allow grass parking, as shown on the site plan.

The motion carried with a 4-0 vote, with Commr. Bakich not being present for the discussion or vote.

uses for an existing church, subject to extra buffering and berm being provided along the boundary line where the two-story buildings are constructed.

The motion carried with a 4-0 vote, with Commr. Bakich not being present for the discussion or vote.

PETITION #47-92-2 A to R-1 Claude Smoak, Jr.

Mr. Greg Stubbs, Director of the Division of Current Planning, discussed the case with the Board.

It was noted that Ms. Dell Ellis was present representing the applicant.

No one present wished to speak in opposition to the request.

Mr. Stubbs informed the Board that staff received one petition with nine signatures against the request. He stated that Mr. Don Griffey, Director of Engineering, has proposed a dedication of additional right-of-way to provide 33 feet from the centerline of South O'Brien road and from West Libby Road.

COMMISSIONERS

At 11:09 a.m., Commr. Gregg, Vice-Chairman, returned the chairmanship over to Commr. Bakich, Chairman.

PETITION #47-92-2 A to R-1 Claude Smoak, Jr.(CONT.)

Discussion occurred regarding the property in question being zoned agricultural and being vacant, and the surrounding area being vacant agricultural property.

Commr. Swartz stated that this area is nothing but agricultural; there is no single-family, or one-acre tracts that are adjacent; therefore, the request is inconsistent with the existing land use, although it could be consistent with the overlying Comprehensive Plan.

Commr. Bailey discussed the feelings of the Board in the past with R-1, AR, and RA zonings being compatible with agriculture.

Commr. Hanson stated that she has concerns with the request, even though the request may be compatible, but that a more logical change would be to AR rather than R-1 zoning.

No one present wished to speak in opposition to the request.

Commr. Bailey made a motion, which was seconded by Commr. Gregg, to uphold the recommendation of the Planning and Zoning Commission and approve the request for rezoning from A (Agricultural) to R-1 (Rural Residential), for the construction of single-family residential homes, and including the dedication of additional right-of-way to provide 33 feet from the centerline of South O'Brien Road and from West Libby Road, as recommended by Mr. Don Griffey, Director of Engineering.

Under discussion, Commr. Swartz re-stated his opposition to the request, and that the Comprehensive Plan requires that rezonings be consistent with the land use that is actually on the ground. He stated that land use that exists in this area is agriculture, and there is no single-family residential, and therefore, it is not consistent with that aspect of the Plan.

Commr. Bailey reviewed the feelings of the Board in the past, once again, that R-1 is compatible in agricultural. He stated that there is no opposition to the request, no conflict with zoning, or neighbor-hoods.

Mr. Stubbs discussed the agriculture uses, and stated that, if the property is actually being utilized for agriculture uses, then placing single-family homes in the middle of the area would be definitely inconsistent, but this is burned out orange groves.

Commr. Swartz stated that the most recent Comprehensive Plan submitted to the Department of Community Affairs (DCA) for suburban allows only up to one dwelling unit per acre.

Commr. Hanson stated that she did not have a problem with this zoning in agriculture, but she did have a concern with the isolation of the R-1 zoning with surrounding agricultural property.

The Chairman called for a vote on the motion, with the motion being carried by a 3-2 vote.

Commr. Hanson and Commr. Swartz voted "no".

PETITION #48-92-2 A to R-1 Claude Smoak, Jr.

Mr. Greg Stubbs, Director of the Division of Current Planning, discussed the case with the Board.

It was noted that Ms. Dell Ellis was present representing the applicant.

No one present wished to speak in opposition to the request.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to R-1 (Rural Residential), for the development of one (1) acre homesites, and including the dedication of additional right-of-way to provide 33 feet from the centerline of Turkey Farms Road and from the centerline of Jim Hunt Road, as recommended by Mr. Don Griffey, Director of Engineering.

PETITION #49-92-2 A to R-1 Claude E. Smoak, Jr.

Mr. Greg Stubbs, Director of the Division of Current Planning, discussed the case with the Board.

It was noted that Ms. Dell Ellis was present representing the applicant.

No one present wished to speak in opposition to the request.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to R-1 (Rural Residential), to create one (1) acre single-family residential lots, and including the dedication of additional right-of-way to provide 33 feet from the centerline of O'Brien Road, as recommended by Mr. Don Griffey, Director of Engineering.

Commr. Hanson and Commr. Swartz voted "no".

PETITION #46-92-2 R-6 to R-1 Richard E. Cross

Mr. Greg Stubbs, Director of the Division of Current Planning, discussed the request with the Board.

Ms. Annette Star Lustgarten, County Attorney, stated that the existing Comprehensive Plan for the Green Swamp is the old plan, until such time the Department of Community Affairs (DCA) approves the Comprehensive Plan in the Green Swamp by rule, as required by law, so the old plan will still apply in this case.

Commr. Swartz stated that he supports the rezoning being proposed, because the old plan for the Green Swamp still applies.

Mr. Stubbs stated that this request is a lot of record, and there is currently a house on the site.

Ms. Dell Ellis, representing the applicant, appeared before the Board, and the Deputy Clerk administered the oath. Ms. Ellis stated that home is currently zoned R-1-7, with the applicant applying for R-1 zoning, in order to have a horse.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-6 (Urban Residential) to R-1 (Rural Residential) for the development of a rural residential homesite, and including the dedication of additional right-of-way to provide 50 feet from the centerline of C-561, as recommended by Mr. Don Griffey, Director of Engineering.

PUBLIC HEARINGS/TIMES CERTAIN

FIRE PROTECTION/REPORTS

Mr. Pete Wahl, County Manager, informed the Board that the public presentation by the Fire/Rescue Study Committee has been withdrawn.

Commr. Swartz suggested that a workshop be scheduled with some of the members of the Fire/Rescue Study Committee and staff to review the report presented to the Board in July, and to discuss, in more detail, some of the recommendations being made.

PUBLIC WORKS/ROADS - COUNTY & STATE/MUNICIPALITIES

Mr. Jim Stivender, Executive Director of Public Works, appeared before the Board for the presentation of the Five Year Road Construction Program and the Five Year Road Impact Fee Program. Mr. Stivender stated that the gas tax money is down from 4.6 million last year, to three million this year. At this time, he made a correction to District 4, Hicks Ditch Road, and stated that the City of Eustis has budgeted $150,000.00 for the project,

which will include Getford/Palmetto Road, and will be working with the County in this joint project.

Commr. Swartz made a motion, which was seconded by Commr. Bailey, to approve the Five Year Construction Program and the Five Year Impact Fee Program.

Mr. Mike Stearman, City of Eustis, appeared before the Board and expressed the City's appreciation for allowing them to participate in the impact fee program, and stated that the system does work well. He stated that this will be the second year that the City of Eustis has joined the County in a joint funded project with CTT funds.

The Chairman called for a vote on the motion, with the motion being carried unanimously.

Mr. Stivender informed the Board that tomorrow is the Florida Department of Transportation's (FDOT) presentation of their road program and five year schedule, and staff will be meeting with them in Orlando.

COUNTY MANAGER'S CONSENT AGENDA

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried, (with Commr. Swartz not being present for the vote), the Board approved the following requests:

Contracts, Leases & Agreements/Fairgrounds/County Employees

Request for approval of the contract between Lake County and the Fair Association for the services of Betty Dittman for FY 92-93.

Grants/Health & General Services

Request for approval of the proper signature on the Certification of Acceptance of Subgrant Awards entitled Genesis and DARE.

Accounts Allowed/Health & General Services/Public Health

Request for approval of payment to Orlando Regional Medical Center under the Health Care Responsibility Act for inpatient hospital stay for a Lake County resident, in the amount of $18,553.26.

Accounts Allowed/Contracts, Leases & Agreements

State Agencies/Emergency Management

Request for approval of the Emergency Management FY 92-93 Radiological Emergency Preparedness Agreement with the State Department of Community Affairs, in the amount of $825.00.

Emergency Management/Resolutions

Request for approval of the resolution adopting the Lake County Peacetime Emergency Plan (PEP).

Contracts, Leases & Agreements/Municipalities/Public Works

Request for approval of the Interlocal Agreement with the City of Leesburg for Traffic Signal Interconnect.

COUNTY MANAGER'S DEPARTMENT BUSINESS

COUNTY MANAGER/RESOLUTIONS/ENVIRONMENTAL SERVICES/LANDFILLS

Action was postponed on the two resolutions establishing fees for the various Departments under the Board, as well as the tipping fees for solid waste, until all members of the Board were present.

COUNTY ATTORNEY'S MATTERS

PLANNING & DEVELOPMENT/STATE AGENCIES/LAWSUITS AFFECTING

THE COUNTY

Ms. Annette Star Lustgarten, County Attorney, updated the Board on the pending Administrative Hearing, in relation to the County's Comprehensive Plan. She stated that there was a conference call with the Administrative Hearing Officer, with attorneys representing all interveners, as well as the County and the Department of Community Affairs (DCA). Ms. Lustgarten stated that the reason for the conference call was directly related to discovery. The nature of yesterdays hearing was in response to a motion by one of the interveners to have all discovery stopped today. The Hearing Officer permitted discovery to continue, as far as depositions are concerned, through October 2, 1992. In addition, parties are required to meet in a pre-hearing conference, in order to develop agreed upon stipulated facts, etc. This has also been extended until October 2, 1992, and the Hearing Officer wants a pre-hearing stipulation by October 6, 1992. Therefore, the discovery time frame has been extended for a two week period.

COMMISSIONERS' BUSINESS

ACCOUNTS ALLOWED

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried, the Board approved the ratification of financial items which needed to be paid prior to the Board meeting.

Commr. Gregg was not present for the vote.

COUNTY MANAGER/RESOLUTIONS/ENVIRONMENTAL SERVICES/LANDFILLS

Discussion occurred regarding the changes made to the resolution establishing fees for solid waste disposal for FY 92/93.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the resolution establishing fees for solid waste disposal for FY 1992/93.

Discussion occurred regarding the changes made to the resolution adopting a schedule of fees for FY 1992-93.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the resolution adopting a schedule of fees for FY 1992-93 for services provided by the Pollution Control Division of the Department of Environmental Services, Department of Planning and Development, and Department of Health and General Services.

CLERK OF COURT'S CONSENT AGENDA

BUDGETS/WATER AUTHORITY

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board acknowledged receipt of the copy of the Oklawaha Basin Recreation and Water Conservation and Control Authority's (Lake County Water Authority's) Tentative Budget for 1992-93.

PUBLIC DEFENDER

CONTRACTS, LEASES & AGREEMENTS/COURTS-JUDGES

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the second amendment to the Agreement Among Lake County and Howard H. Babb, Jr., Public Defender, and Michelle Morley, for legal representation of indigents in criminal court proceedings, for one year.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the second amendment to the

Agreement Among Lake County and Howard H. Babb, Jr., Public Defender, and R. Thomas Carle, for legal representation of indigents in criminal court proceedings, for one year.

COUNTY MANAGER'S CONSENT AGENDA

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the following requests:

Administrative Services/Budget Transfers/Jails/Insurance

Request for approval of the following:

1. Realignment (Transfer Approval)

Corrections Budget - General Fund

Fiscal Year 1991/92

2. Fund: General

Department: Risk Management

From: Non-Operating/Special Reserve $37,000

To: Operating Expenses/Claims Payment $37,000

Transfer #: 92-0282

Accounts Allowed/Contracts, Leases & Agreements/Grants

Request for approval and authorization to execute the Wagner-Peyser Grant Contract, in the amount of $21,000.00, subject to review and approval by the County Attorney.

Contracts, Leases & Agreements/Environmental Services/Grants

State Agencies

Request for approval of the following:

1. Signature on 1992/93 Recycling and Education Grant Application

Part 2.

2. Execution of Department of Natural Resources Contract

No. C-7862 for FY 1992-93.

3. Execution of Department of Natural Resources Contract

No. C-7870 for FY 1992-93.

4. Execution of Department of Environmental Regulation Contract

No. GC228 for Pollutant Storage System Compliance Verification

Inspection Program.

Contracts, Leases & Agreements/Public Health/State Agencies

Fire Protection/Accounts Allowed

Request for approval of the following:

1. 1992-93 Contract between Lake County and the State of Florida

Department of Health & Rehabilitative Services - County Public

Health Unit.

2. Execution of a second amendment of the lease agreement between

the Board of County Commissioners and Mabel St. Jean for the

Wekiva River Acres Fire Station; and approval to encumber and

expend funds, in the amount of $1,175.67.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

FAIRGROUNDS/PERSONNEL

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the following request:

Office of Facilities & Capital Improvements

(Fairgrounds Section)

Maintenance Worker II - Pay Grade 216-01

Salary: $12,084.80

COMMISSIONER'S BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Commr. Hanson discussed the terms for the Governor appointed members of the Lake County Citizens' Commission for Children. She stated that the ordinance indicates that three appointees by the Governor shall be appointed for two years, and two appointees for four years.

Ms. Annette Star Lustgarten stated that the Board could tie them in to the term of office of the various districts, with Commr. Swartz suggesting making them consistent with the Planning and Zoning Commission.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the three appointees to have two year terms coinciding with the Commissioners' Districts 1, 3, and 5, and the two appointees to have four year terms coinciding with the Commissioners' Districts 2 and 4.

ADDENDUM #2

COUNTY MANAGER'S CONSENT AGENDA

AMBULANCES-HOSPITAL DISTRICTS

Mr. Pete Wahl, County Manager, discussed the request to accept a rate increase for ambulance service from Florida Regional Medical Services, from $230.00 to $242.00 for the coming fiscal year. He stated that he has supplied the Board with a survey from surrounding counties, and recommended approval.

Commr. Swartz stated that he would prefer to have additional information, and to know whether there are alternatives available before increasing the rate. He stated that he would prefer to tell them not to increase the rate, with Lake County looking into this issue, and possibly have a workshop.

Ms. Annette Star Lustgarten stated that the contractual agreement provides that the County has 30 days in which to respond

to a proposed increase, and if the County did not respond, it would be placed in effect automatically.

On a motion by Commr. Swartz seconded by Commr. Bailey and carried unanimously, the Board authorized staff, or the Chairman, to tentatively object to the Florida Regional Emergency Medical Services increased rate, as stated above, in order to provide the County time to review the issue further.

Commr. Swartz requested that the Fire Study Committee receive all information regarding this issue, and to have input on this issue.

ADDENDUM #3

COUNTY MANAGER'S CONSENT AGENDA

CONTRACTS, LEASES & AGREEMENTS/ENVIRONMENTAL SERVICES

COUNTY MANAGER/COUNTY BUILDINGS & GROUNDS

Commr. Gregg made a motion, which was seconded by Commr. Hanson, to approve the following:

1. Addendum #4 to the contract with Post, Buckley Schuh and

Jernigan to amend the scope of services for an evaluation

of the SSU Turnpike Wastewater Treatment Plant.

2. Execute contract for janitorial services with Superior

Janitorial Services, in an amount not to exceed $269,688.00,

and encumber and expend funds.

Under discussion, Commr. Swartz stated that he did not have an objection to item #1, as stated above, but he did want to discuss item #2.

Commr. Bakich stated that he had an earlier conversation with Mr. T. H. Poole, NAACP, which was followed up by Mr. Pete Wahl, County Manager, and that he did not hear any response back from Mr. Poole, and therefore, he stated that this was an indication that he was satisfied with the outcome of the issue.

Commr. Swartz stated that Mr. Poole probably does not know that this issue is before the Board today.

Mr. Wahl stated that the issue before the Board involves putting into place the legal language of the proposal that was accepted by the Board. He stated that staff has followed all direction of the Board, and has met repeatedly with the employees,

and the contractor, and that 13 of them have accepted employment with the contractor. He further stated that the contractor has complied with the requirements of the proposal. Mr. Wahl stated that he did meet with Mr. Poole, and discussed the placement of the employees.

Commr. Bakich stated that concerns involving the employees hire date with the company, in relation to their retirement, and the ability for the employees to seek other County positions, were addressed, and that he feels confident that Mr. Poole's concerns have been met. Commr. Bakich stated that, unless the Board has additional concerns, he did not see any reason to delay the request.

Commr. Bailey stated that, in order that there be no confusion, he would not mind waiting until the next meeting to approve the request, in order to make sure that Mr. Poole is aware of the request.

Mr. Wahl stated that this contract is to take effect October 1, 1992, and was advertised and approved on that basis.

Commr. Swartz stated that routinely when the County sends out Request for Proposals (RFPs), the Board has made a special effort to try and directly notify local vendors.

Mr. Chuck Pula, Parks and Recreation Coordinator, was present and stated that he personally notified three of the largest custodial companies in Lake County, and only one chose to bid an amount that was approximately $100,000.00 higher than the other bids.

Commr. Swartz stated that this item should be placed on a regular agenda, in order that it can be clearly reviewed by anyone from the public, and to know that final action is going to be taken. He suggested that the item become effective possibly November 1, 1992.

Commr. Gregg stated that the Board would be approving an expenditure of approximately $10,000.00 to delay the contract.

Mr. Wahl suggested that this item be rescheduled for the October 6, 1992, regular Board meeting, with the contract going into effect October 15, 1992, with notification and a copy of the agreement being supplied to Mr. Poole.

Commr. Gregg stated that he was not willing to withdraw his motion, and to spend an extra $5,000.00 for the delay in the contract.

Discussion occurred regarding every effort being made to address the concerns expressed by Mr. Poole, and the number of employees who have applied for other County positions.

The Chairman called for a vote on the motion, which included Items 1 and 2, as stated above, with the motion being carried by a 3-2 vote.

Commr. Bailey and Commr. Swartz voted "no".

CONTRACTS, LEASES & AGREEMENTS/ACCOUNTS ALLOWED/COUNTY MANAGER

Mr. Pete Wahl, County Manager, discussed the request to approve the Interlocal Agreement with Metropolitan Dade County, Florida, for reimbursement of the hurricane related expenditures, subject to the County Attorney's final review.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request, as stated above, and as recommended by the County Manager, subject to the County Attorney's final review.

COMMISSIONERS/MEETINGS

Commr. Hanson stated that she had not scheduled the town meeting for District 4, which had been previously setup for October 22, 1992, for District 5. She stated that she would like to schedule the District 4 meeting for October 22, 1992, and schedule the meeting for District 5 at a later date. After some discussion, the District 4 meeting was tentatively scheduled for November 12, 1992, in Mount Dora.

COUNTY EMPLOYEES/PURCHASING DEPARTMENT

Commr. Bakich acknowledged Mr. Robert K. McKee, who has recently taken the position as Purchasing Director for the County.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:05 p.m.

MICHAEL J. BAKICH, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMR\BOARDMIN\9-22-92\10-2-92

A SPECIAL MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FINAL PUBLIC HEARING ON THE 1992-93 PROPOSED BUDGET

SEPTEMBER 22, 1992

The Lake County Board of County Commissioners met in special session on Tuesday, September 22, 1992, at 5:30 p.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Michael J. Bakich, Chairman; Don Bailey; Richard Swartz; C. W. "Chick" Gregg; and Catherine Hanson. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Assistant to the County Manager; Barbara Lehman, Deputy Clerk in charge of County Finance and Internal Audits; and Toni M. Riggs, Deputy Clerk.

BUDGETS

Commr. Bakich called to order the final public hearing on the final budget adoption Fiscal Year 1992-93. At this time, he turned the meeting over the Mr. Pete Wahl, County Manager.

Mr. Wahl stated that the Board members had been presented with a revised budget book, and directed the Board's attention to Page 1. He stated that staff has gone back through the budget and reduced the General Fund millage, pursuant to Board action to the rollback rate of 4.864; Ambulance District at .222 mills (rollback); and Greater Hills Municipal Service Taxing Unit at 4.000 mills (.086 below rollback). Mr. Wahl directed the Board's attention to Page 16, and explained the action that staff has taken to produce a balanced budget, in the amount of $39,998,800.00, in the General Fund Appropriation. The Board's attention was then directed to Page 3, which presented the process for the public hearing, once it has heard from the public. Mr. Wahl informed the Board that he has requested that Ms. Le Koranteng, Personnel Manager, to read the resolutions that have been incorporated in the budget book before the Board.

Commr. Bakich opened the meeting for public comment.

No one present wished to appear before the Board to discuss the proposed budget.

Commr. Swartz introduced Ms. Wendy Breeden, Library Coordinator.

At 5:34, the Chairman closed the public portion of the meeting, after noticing no one present wishing to speak before the Board, and with no comments being made from staff.

Ms. Koranteng read, in its entirety, the proposed resolution regarding the adoption of a final millage rate for Lake County for Fiscal Year 1992-1993.

On a motion by Commr. Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved and adopted a countywide final millage rate of 4.864.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously the Board approved and adopted a final millage rate of 4.000 mills for "Greater Hills Municipal Service Taxing Unit".

Ms. Koranteng read, in its entirety, the proposed resolution regarding the adoption of a final millage rate for the North Lake County Ambulance District for Fiscal Year 1992-1993.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved Resolution 1992-186 adopting the millage rate of 0.222 mills for the North Lake County Ambulance District.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved and adopted Resolution 1992-187 adopting a final millage rate for Lake County for Fiscal Year 1992-1993 (4.864), and a final millage rate for the "Greater Hills Municipal Service Taxing Unit" (4.000).

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved and adopted Resolution No. 1992-188 adopting a final budget for Lake County for Fiscal Year 1992-1993, in the amount of $108,718,885.00.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:47 p.m.

________________________________

G. RICHARD SWARTZ, JR., CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMR\BOARDMIN\9-22-92\10-2-92